scholarly journals DPD Persoalan Dilematis Lembaga Perwakilan Daerah dalam Sistem Ketatanegaraan Indonesia

2021 ◽  
Vol 10 (1) ◽  
pp. 64
Author(s):  
Hezron Sabar Rotua Tinambunan ◽  
Bagus Oktafian Abrianto
Keyword(s):  
State Institution ◽  
Conceptual Approach ◽  
Administration System ◽  
Regional Autonomy ◽  
State Institutions ◽  
State Administration ◽  
Regional Interests

The purpose of this research is to study and analyze the Dilemma Problems of Regional Representative Institutions in the Indonesian State Administration System, in this case the DPD which is a State institution in the category of state institutions using normative juridical categories through licensing in accordance with the demand (statute approach) and conceptual (approach conceptual), thus the DPD obligation related to the implementation of regional autonomy which is limited to providing an assessment also shows the weakness of the DPD's function because it cannot fight for regional interests in increasing the DPD's consideration which is not followed up by the DPR Tujuan dari penelitian ini adalah untuk meninjau dan menganalisis Persoalan Dilematis Lembaga Perwakilan Daerah Dalam Sistem Ketatanegaraan Indonesia dalam hal ini DPD yang merupakan lembaga Negara yang masuk kategori main state organ dengan menggunakan metode yuridis normatif melalui pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conseptual approch), bahwa Kewenangan DPD berkaitan dengan penyelenggaraan otonomi daerah yang sebatas memberikan pertimbangan pun menampakkan kelemahan fungsi DPD karena tidak dapat memperjuangkan kepentingan daerah terhadap kemungkinan pertimbangan DPD yang tidak ditindaklanjuti oleh DPR

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals TINJAUAN MENGENAI PERAN DAN FUNGSI DPR DALAM UUD NKRI TAHUN 1945 PASCA AMANDEMEN BERDASARKAN MEKANISME CHECK AND BALANCE

2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Yokotani Yokotani
Keyword(s):  
The State ◽  
Executive Power ◽  
Administration System ◽  
State Institutions ◽  
State Administration

Reforms in Indonesia has led to many changes, one change in the state administration system in Indonesia. Post authoritarian era, hopes to form a power ideally through the constitution amendment to be the only way to improve the existing system by step abolish one by one to the authority of the executive power into shades executive heavy, in order to power the institution country to be more balanced with a pattern of horizontal separation between state institutions

scholarly journals IMPROVING THE AUTHORITY OF THE REGIONAL REPRESENTATIVE COUNCILS IN THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Dadang Gandhi
Keyword(s):  
Natural Resources ◽  
Central Government ◽  
State Institution ◽  
Economic Resources ◽  
Regional Government ◽  
High State ◽  
Regional Autonomy ◽  
Second Amendment ◽  
State Administration ◽  
The Republic

The existence of the Regional Representative Council (DPD) which is regulated in Article 22D of the 1945 Constitution of the Republic of Indonesia (UUDNRI of 1945) with the authority of the DPD as regulated in Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 Regarding the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3), in particular Article 249 Paragraph (1) letter e. Article 22D of the 1945 Constitution places the position of the DPD as an institution that has the authority to submit a Bill relating to regional autonomy, central and regional relations, the formation and expansion of regions and the merger of regions, management of natural resources and other economic resources as well as related also by placing the DPD position to monitor and evaluate the Draft District / City Regional Regulations and Regency / City Regional Regulations according to Law Number 2 of 2018 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (DPR) ( MD3). This authority will cause problems especially those regulated in Law Number 2 of 2018 concerning MD3, because the Regency / City Regional People's Representative Council and the Governor as representatives of the central government do the same thing as is done by the DPD as regulated in Law Number 23 2014 concerning Regional Government, particularly in the provisions of Article 149 Paragraph (1) and Article 153 Paragraph (1). While the form of coordination that will be carried out by the DPD and the Regional Government has yet to exist, in addition to the DPD's position as a high state institution will cause problems when coordinating with the Regency / City DPRD as an element of the regional government.Keywords: The telescope, Position, DPD, State Administration, Republic of Indonesia

scholarly journals Peran Dan Kedudukan Ombusman Sebagai Lembaga Perlindungan Rakyat Dalam Mewujudkan Asas-Asas Umum Pemerintahan Yang Baik

2018 ◽  
Vol 14 (2) ◽  
pp. 36-43
Author(s):  
Cholidah Utama
Keyword(s):  
State Institution ◽  
The State ◽  
Government Agencies ◽  
State Institutions ◽  
State Administration

The inclusion of the Ombudsman in the Amendment to the 1945 Constitution will place the existence of the Ombudsman's recommendations philosophically (as well as politically) with high value. So that even though it is not legally binding, it is still obeyed by the State Administration. The position of the Ombudsman is a state institution that is independent and does not have an organic relationship with state institutions and other government agencies, and in carrying out its duties and authority free from interference from other powers.

scholarly journals Standard Issuance of Circular Letters in The Implementation Of Judicial Power

2018 ◽  
Vol 54 ◽  
pp. 03021
Author(s):  
Rahadi Wasi Bintoro ◽  
Abdul Shomad ◽  
Trisadini Prasastinah Usanti
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
Administrative Law ◽  
Judicial Power ◽  
Legal Research ◽  
Conceptual Approach ◽  
State Institutions ◽  
The Supreme Court

Circular issued by state institutions in the framework of the freies ermessen principle. Circular in administrative law is known as policy regulation/ belleidsregel. The Supreme Court as a state institution also has the authority to issue circular letters. This paper focused on the standard circular issued by the Supreme Court. This paper was legal research that was carried out with the statute approach and conceptual approach. Based on the analysis, circulars issued by the supreme court contained restrictions, namely that they should not influence the judge in examining the case.

The Existence of People's Consultative Assembly in Indonesian State System in the Pancasila Democracy Perspective

2020 ◽  
Vol 9 (3) ◽  
pp. 947
Author(s):  
Marzuki MARZUKI ◽  
Roswita SITOMPUL
Keyword(s):  
Decision Making ◽  
Liberal Democracy ◽  
State Institution ◽  
State System ◽  
Popular Sovereignty ◽  
State Institutions ◽  
The People ◽  
State Administration ◽  
The Republic ◽  
Comprehensive Study

The sovereignty of the people is one of the principles of Indonesian state administration, contained in the Preamble and Articles in the 1945 Constitution of the Republic of Indonesia, implemented through the People's Consultative Assembly (MPR). But after the Amendment to the 1945 Constitution, the position of the MPR in the Proclamation Constitution has been placed as the highest state institution and the holder of popular sovereignty, and today based on the institutional structure of the state, the People’s Consultative Assembly (MPR) has been degraded becoming an equal institution with other State institutions. Such implications, which are certainly seen from a constitutional perspective, have injured Pancasila democracy, which is based on deliberation and consensus, resulting in no more oversight mechanisms that can be carried out against various state institutions, including the President, and this in turn has led to liberal democracy based on individualism. Therefore, a comprehensive study is needed to reinstate the MPR as the highest state institution and holder of popular sovereignty in the format of State institutions in Indonesia as a representation of all Indonesian people based on deliberation and consensus in every decision making.  

scholarly journals The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)

Rechtsidee ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Rifqi Ridlo Phahlevy
Keyword(s):  
Presidential Elections ◽  
The State ◽  
Conceptual Approach ◽  
Administration System ◽  
The Past ◽  
Second Amendment ◽  
Political Interests ◽  
State Administration ◽  
Considerable Impact ◽  
The Law

Indonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach. How To Cite: Phahlevy, R. (2016). The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective). Rechtsidee, 3(1), 27-40. doi:http://dx.doi.org/10.21070/jihr.v3i1.151

scholarly journals In the state administration system of Indonesia: No space for Khilafah!

2021 ◽  
Vol 77 (3) ◽  
Author(s):  
Priyo Handoko ◽  
Anis Farida
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Legal Research ◽  
Conceptual Approach ◽  
Developed Country ◽  
Administration System ◽  
Road Map ◽  
State Administration ◽  
History Of ◽  
Constitutional System

This study aims at reducing, and even eliminating, the thoughts of small Muslim groups in Indonesia, which state that the replacement of Pancasila as a Khilafah will raise the Indonesian state to become a developed country. This study uses a normative legal research methodology with two approaches: a historical and a conceptual approach. The historical approach was used to review the history of the implementation of the Khilafah system in Islam and the early history of the emergence of Pancasila as a national government system. Meanwhile, the conceptual approach was used as a road map to examine the Khilafah and Pancasila concepts in the constitutional system. The results of this study revealed that Pancasila represents the Indonesian nation’s ideology, which is in tune with Islamic law, and can answer all the needs of its people. Through Pancasila, the Indonesian people can live in harmony amidst existing pluralism. Therefore, there is no space for ideology other than Pancasila to fill and become the foundation of the Indonesian nation.Contribution: This article attempts to answer Muslim people’s doubts with extremist ideology who want to change Pancasila into Khilafah. No movement seeks to change the Pancasila government system with other government systems.

scholarly journals Desain Desentralisasi Asimetris Dalam Sistem Ketatanegaraan Republik Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 413-435
Author(s):  
Gunawan A Tauda
Keyword(s):  
Colonial Period ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Historical Continuity ◽  
State Administration ◽  
The Republic ◽  
And Control ◽  
Control Designs

Abstract This study aims to know the design of asymmetric decentralization in the state administration system of the Republic of Indonesia. The research method used in the research is legal research that uses a conceptual approach. The results show that asymmetric decentralization in Indonesia is a historical continuity that has been started from the colonial period and confirmed to date in the 1945 Constitution of the Republic of Indonesia. As a reality of the practice of regional government, the constitutional juridical legitimacy of asymmetric decentralization can be referred to in Article 18A paragraph ( 1), and Article 18B paragraph (1) of the Constitution of the Republic of Indonesia as the supreme law of the land. Asymmetric decentralization concerns fundamental matters related to the pattern of relations between the center and the regions regarding different authority, institutional, financial and control designs. Keywords: Asymmetric Decentralization, State Administration System, Indonesian Government Abstrak Penelitian ini bertujuan utnuk menegtahui desain Desentralisasi Asimetris Dalam Sistem Ketatanegaraan Republik Indonesia. Metode penelitian yang digunakan dalam penelitian adalah penelitian hukung yang menggunakan pendekatan kosnep (conceptual approac). Hasil penelitian menujukan bahwa Desentralisasi asimetris di Indonesia merupakan sebuah keberlanjutan sejarah yang telah dimulai dari masa kolonial dan ditegaskan hingga saat ini dalam UUD NRI Tahun 1945. Sebagai sebuah realitas praktik pemerintahan daerah, legitimasi yuridis konstitusional dari desentralisasi asimetris tersebut dapat dirujuk dalam Pasal 18A ayat (1), dan Pasal 18B ayat (1) Konstitusi Republik Indonesia sebagai hukum tertinggi negara (the supreme law of the land). Desentralisasi asimetris menyangkut urusan yang fundamental terkait pola hubungan pusat dan daerah menyangkut desain kewenangan, kelembagaan, finansial dan kontrol yang berbeda. Kata Kunci: Desentralisasi Asimetris, Sistem Ketatanegaraan, Permerintah Indonesia

scholarly journals MPR DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI KOMPARATIF ANTARA SEBELUM DAN SESUDAH PERUBAHAN UUD 1945)

2021 ◽  
Vol 16 (1) ◽  
pp. 91
Author(s):  
I Wayan Eka Santika ◽  
I Gede Sujana
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
State Institutions ◽  
Library Research ◽  
The People ◽  
State Administration ◽  
Before And After ◽  
Election System ◽  
Constitutional System

<p><em>The purpose of this research was to determine the People's Consultative Assembly in the Indonesian constitutional system. This research was a type of library research which is descriptive analytic through a qualitative approach that is based on comparative studies. The results of this research indicated that there are fundamental differences between the People's Consultative Assembly before and after the amendment to the 1945 Constitution. The differences included (1) the change in the position of the People's Consultative Assembly from the highest state institution to a state institution that is equal to other state institutions, (2) changes in the membership structure of the People's Consultative Assembly from those previously consisted of House of Representatives, Group Envoys and Regional Representatives, then became members of the House of Representatives and Regional Representative Board members, (3) the policy to appoint People's Consultative Assembly members was replaced by an election system, (4) the People's Consultative Assembly no longer stipulates the Broad Outlines of the Nation's Direction along with filling the position of President through participation the people directly in the election, (5) limitation of the People's Consultative Assembly's authority in amending the 1945 Constitution, (6) the inauguration of the President and / or Vice President in normal and abnormal conditions, (8) the authority of the People's Consultative Assembly to dismiss the President and / or Vice President must be through a forum previlegiatum.</em></p><p><strong>Keywords</strong>: <em>People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.</em></p>

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